State ex rel. Missouri & Mississippi Railroad v. Macon County Court
Supreme Court of Missouri
Petition for Mandamus. I. There are three questions before this court for judicial determination, viz.: 1. To what extent is section 13 of the charter of the Missouri & Mississippi Railroad Company (Sess.
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Petition for Mandamus. I. There are three questions before this court for judicial determination, viz.: 1. To what extent is section 13 of the charter of the Missouri & Mississippi Railroad Company (Sess. Acts 1865, p. 86) controlled by section 30 of the general act of 1861 ? 2. What effect has section 14, art. 11, of Constitution upon section 13 of said charter ? 3. Is section 13 of said charter repealed by section 17,. ch. 63, General Statutes of 1866, p. 338 ? We think the first question has been conclusively settled by this court in the case of City and County of St. Louis v. Alexander,…
1Opinion of the CourtWagner, Judge
The question presented by the record relates to the validity of the subscription of stock made by the County Court of Macon county for the construction of the Missouri and Mississippi railroad. The relator was duly incorporated by an act of the Legislature approved February 20,1865, and by the 13th section of its charter it is declared “It shall be lawful for the corporate authorities of any city or town, the County Court of any county, desiring so to do, to subscribe to the capital stock of said company and may issue bonds therefor, and levy a tax to pay the same not to exceed one twentieth…
2Cases cited4 opinions
- City of St. Louis v. AlexanderSupreme Court of Missouri · 1856
- St. Joseph & Denver City Railroad v. Buchanan County CourtSupreme Court of Missouri · 1867
- State ex rel. Vastine v. McDonaldSupreme Court of Missouri · 1866
- Deters v. RenickSupreme Court of Missouri · 1866
3Cited by55 opinions
- In re NevittCourt of Appeals for the Eighth Circuit · 1902
- Smith v. County of ClarkSupreme Court of Missouri · 1873
- Manker v. FaulhaberSupreme Court of Missouri · 1887
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- County of MacOn v. ShoresSupreme Court of the United States · 1877
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